legal ground
Article 46 of the Regulations on Handling Medical Accidents
Civil liability disputes such as medical malpractice compensation can be resolved through consultation between doctors and patients; Unwilling to negotiate or if negotiation fails, the parties may apply to the administrative department of health for mediation, or directly bring a civil lawsuit to the people's court.
Article 1 19 of the Civil Procedure Law of People's Republic of China (PRC).
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.